SRI LANKA: Men and women police officers at Katupotha humiliate a man before torturing him

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Selema Lebbe Mohammed Amir Sultan was illegally arrested by police officers attached to the Katupotha Police Station in the district of Kurunegalle. He was illegally detained and subjected to degrading treatment and torture on 9 October 2010. Amir was forcefully stripped of his clothes and beaten in order to make him stand on the table where the assembled police officers, both men and women, taunted him in front of influential parties to take revenge for complaining against the police. He was then forced to sign documents prepared by the police (which was not recorded form Amir). Further, the police filled fabricated charges against him and he was remanded. He was also threatened that if he proceeded with his complaint to the higher authorities he would bring more trouble down on himself. It is a common occurrence in Sri Lanka for the police to arrest innocent persons who are tortured and manhandled to please influential private parties. The case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to Mr. Selema Lebbe Mohammed Amir Sultan (40) of Madalahisa, Kakunagolla in the Katupotha Police Division he was illegally arrested, detained and tortured by a Katupotha Police Station on 9 October 2010.

On that day Amir received a telephone message from telephone number 077 8751160 which belongs to Mr. Nijam, a well known businessman in the area. He was told that one of his elder brothers, Rasik had been assaulted and at that moment he was being taken to a police jeep. Amir was asked to come to Kirimatiyawa to help his brother. When he received the message he was at the Narammala bus stand. He immediately went home and informed his relatives and started to travel to Kirimatiyawa on a motorbike belonging to one of his brothers. When he reached Kirimatiyawa he saw that his brother was inside the jeep with two others, Imran and Safeek. The time was around 1 pm. Amir observe that there were four police officers attached to the Katupotha Police Station, namely Court Sergeant (CS) Jayawardana and officers Janaka, Herath and one other. All were in uniform.

When CS Jayawardana saw Amir he ordered him to get into the jeep. When Amir asked the reason CS Jayawardana started to scold him in a derogatory manner. He then slapped Amir several time to force him into the jeep. During the journey to the Katupotha Police Station Amir learned that there were had been a quarrel between his brother Rasik and the others in the jeep.

At the police station Amir was taken was made sit on the bench. CS Jayawardana told Amir to be ready to go the ‘mother-in-law’s house’ for six month. This is a euphemism for sending someone to remand prison. CS Jayawardana repeatedly questioned Amir as to why he sought the intervention from the higher authorities for his rights violations. Amir replied that he wanted to get justice.

Another police officer, Janaka, got a big knife from Mr. Jesmin, the elder brother of Mr. Safeek who had quarreled with Amir’s brother. Jesmin was an owner of the beef stall at Madalassa and as such is a person of influence in the area. Janaka handed the knife to Amir handle first and asked him to hold it. However, Amir refused to do so as he realised that the officer wanted his fingerprints on the potential weapon.

It was at that time that CS Jayawardana ordered Janaka to remove Amir’s clothes. Janaka dragged Amir into an adjoining room. There Amir observed that there were other police officers, namely Herath and two women officers, one of whom Amir identified as Manike. Immediately they brought in Farseek, Imran, Jasmin and Amir’s bother Rasik into the same room. Then police officer Herath forcefully took Amir’s wrist watch, and he searched Amir’s pocket and took Rs. 105.00.

Amir’s T-shirt was forcefully removed while CS Jayawardana continuously beat him about the face. vest of Amir as well. After his sarong was torn off and Amir was completely naked he was pushed onto the table. Then all the police officers included the two women started to clap, make rude noises and laugh. This was done in the presence of Jesmin, Imran, Farseek. The only one that remained silent was Rasik, the brother of Amir.

This degrading and humiliating punishment continued for some time. The women police officer called Manike started to scolded Amir with obscene language and told him that this punishment was not enough for someone who complained to higher authorities like Amir. She said that that further punishment was required.

Manike told Amir that there were pens and paper and that he could write whatever he wanted but to remember that the courts would only accept the version provided by the police. She further threatened him not to fight with the police.

During this time they treated Amir in very humiliating manner. Being a Muslim it was religiously and culturally unacceptable for him to have been forcibly stripped naked, particularly so in front of strangers and women. Due to this Amir suffered great mental anguish.

Police officer Janaka gave Amir back his sarong and then started to write a statement. Amir was never asked to make a statement but was forced against his will to sign the one prepared by the police.

Then police officers brought Amir, his brother Rasik, Faseek and Imran to the Katupotha District Hospital. When Amir was produced before the doctor he revealed how he was torture at the hand of the police officers. However, the doctor did not examine Amir, nor did he answer any of his questions.

Amir was brought to the residence of Acting Magistrate Mr. Abdulla and remanded. He was not told the reason for filing a case against him and vehemently states that it was a fabricated charge. He was first taken to Kuliyapitiya Prison Lock Up and then on 10 October transferred to Wariyapola Prison.

On 20 October he was released on bail and leaned that the case number of the fabricated charge the police filled against him was B/1995/2010. Amir is certain that the police officers filled this case to take revenge on him for seeking justice from the higher authorities for what had happened to him and to please the influential people.

He narrated the way that he was tortured and violated his rights by the police officer in the video here.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest and detentions by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, arbitrary detention, torturing and filling fabricated chargers by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of the state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the National Police Commission and the Inspector General of Police to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this case, please click here: SEND APPEAL LETTER